00-16
Proposed Amendment of 
Rule 2.602 of the
Michigan Court Rules

          On order of the Court, this is to advise that the Court
is considering an amendment of Rule 2.602 of the Michigan Court
Rules.  Before determining whether the proposal should be
adopted, changed before adoption, or rejected, this notice is
given to afford any interested person the opportunity to comment
on the form or the merits of the proposal.  We welcome the views
of all who wish to address the proposal or who wish to suggest
alternatives.  Before adoption or rejection, this proposal will
be considered at a public hearing by the Court.  The Clerk of
the Court will publish a schedule of future public hearings.

          Publication of this proposal does not mean that the
Court will issue an order on the subject, nor does it imply
probable adoption of the proposal in its present form.

   [The present language would be amended as indicated below.]

Rule 2.602     Entry of Judgments and Orders

(A)       [Unchanged.]

(B)  Procedure of Entry of Judgments and Orders.  An order or
judgment shall be entered by one of the following methods:

     (1)  The court may sign the judgment or order at the time
it grants the relief provided by the judgment or order.

     (2)  The court shall sign the judgment or order when its
form is approved by all the parties and if, in the court's
determination, it comports with the court's decision.

     (3)  Within 7 days after the granting of the judgment or
order, or later if the court allows, a party may serve a copy of
the proposed judgment or order on the other parties, with a
notice to them that it will be submitted to the court for
signing if no written objections to its accuracy or
completeness are filed with the court clerk within 7 days
after service of the notice.  The party must file with the court
clerk the original of the proposed judgment or order and proof
of its service on the other parties. 

          (a)  If no written objections to the accuracy or
completeness of the judgment or order are filed within 7
days, the clerk shall submit the judgment or order to the court,
and the court shall then sign it if, in the court's
determination, it comports with the court's decision.  If the
proposed judgment or order does not comport with the decision,
the court shall direct the clerk to notify the parties to appear
before the court on a specified date for settlement of the
matter.

          (b)     Objections regarding the accuracy or
completeness of the judgment or order must state with
specificity the inaccuracy or omission.

          ([b]c)     The party filing the objections
must serve them on all parties as required by MCR 2.107 and
notice the matter for hearing and submit an alternate proposed
judgment or order under this rule.

          [(c)]   [If objections are filed, the party
who filed the proposed judgment or order must notice the
judgment or order for settlement before the court within 7 days
after receiving notice of the objections.]

          (d)     The court may sign a proposed
judgment or order that has been objected to if the objecting
party fails to comply with this rule or if in the court's
determination a proposed judgment or order comports with the
court's decision.

     (4)  A party may prepare a proposed judgment or order and
notice it for settlement before the court.

(C) - (D)      [Unchanged.]


          Staff Comment:  The proposed amendment of
subrule (B)(3) has been recommended by the Michigan Judges
Association to eliminate delay and unnecessary work caused by
nonspecific and meaningless objections.  According to the MJA,
the amendment also would shift some of the burden of going
forward from the proponent of the order to the objector, would
clarify the objection procedure for pro se litigants, and would
allow judges to enter an order without a hearing if it fails to
comply with the court rule. 

The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court. 


          _____________________________________________

                    Publication of this proposal does not mean
          that the Court will issue an order on the
          subject, nor does it imply probable adoption
          in its present form.  Timely comments will
          be substantively considered, and your
          assistance is appreciated by the Court.     
                     
          _____________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they
can make the notifications specified in MCR 1.201.  Comments on
this proposal may be sent to the Supreme Court clerk in writing
or electronically by July 1, 2001.  P.O. Box 30052, Lansing, MI
48909, or MSC_clerk@jud.state.mi.us.  When filing a comment,
please refer to our file No. 00-16.